Akash Bhardwaj vs State Of Chhattisgarh

This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as he has been arrested in connection with Crime No. 88/2024, registered at Police Station Civil Lines, District Raipur (C.G.), for the offences punishable under Sections 22(B) and 29 of the NDPS Act.

The prosecution story, in brief, is that on 07.02.2024, acting upon secret information, the police apprehended co-accused Deepankaj and allegedly seized 4.31 grams of contraband substance, stated to be MDMA/methamphetamine, from his possession. During investigation, the name of the present applicant surfaced in the memorandum statement of the co-accused, on the basis of which the applicant was implicated in the present case.

Learned counsel for the applicant would submit that the alleged contraband was recovered from the exclusive possession of co-accused Deepankaj and no incriminating article was seized from the present applicant. He would further submit that the applicant was granted bail by the learned trial Court vide order dated 19.06.2024, however, he could not appear before the trial Court on 25.11.2025 due to unavoidable circumstances, whereupon an arrest warrant was issued on 02.05.2026 and he has been in custody since then. The charge-sheet has already been filed and the applicant has only one criminal antecedent, registered in the year 2022. Therefore, he prays for grant of bail.

On the other hand, learned State counsel appearing for the non-applicant/State would oppose the prayer for grant of bail and submit that the applicant violated the conditions of bail by remaining absent before the learned trial Court, resulting in issuance of an arrest warrant and his subsequent arrest. Therefore, the application deserves to be dismissed.

I have heard learned counsel appearing for the parties and perused the case diary.

Having considered the facts and circumstances of the case, nature and quantity of the alleged contraband, the fact that the same was recovered from the possession of co-accused Deepankaj and that no incriminating article was seized from the present applicant and the applicant was implicated on the basis of memorandum statement of said co-accused, the charge-sheet has already been filed and the applicant has been in custody since 02.05.2026, coupled with the fact that he has only one criminal antecedent of the year 2022, this Court is of the considered view that the applicant be enlarged on bail.

Accordingly, the bail application of the applicant is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-